Landmark report calls for one-stop classification

All media in Australia should be classified, and censored, in the same way, a landmark report handed down today has found.

Conducting the first review of Australia's classification laws in 20 years, the Australian Law Reform Commission found that the rapid rise of new forms of media had overtaken existing classification laws.

A landmark report has called for all media, from movies to DVDs to be classified and censored in the same way. Photo: Rob Homer

It said the Classification Act could be described as "an analogue piece of legislation in a digital world", with an increasing blurring between websites, blogs and video content.

And as media outlets increasingly place their content online, and market themselves as multi-platform outlets, there is confusion about which laws apply to content.

"The globalisation of media platforms, content and services [is] making nationally-based regulations more difficult to apply.

"Australia needs a new classification scheme that applies consistent rules to media content on all platforms — in cinemas, on television, on DVDs and on the internet," ALRC commissioner Professor Terry Flew said.

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"But the scheme also needs to be flexible, so it can adapt to new technologies and the challenges of media convergence."

The review would have far-reaching implications for Australia's media. Radio and television broadcasters are subject to regulation by the Australian Communications and Media Authority. Television broadcasters are also subject to guidelines under the Commercial Television Code of Practice.

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* One set of laws establishing obligations to classify or restrict access to content across media platforms.

* Clear scope of what must be classified: feature films and television programs, as well as computer games likely to be MA 15+ or higher, that are both made and distributed on a commercial basis, and likely to have a significant Australian audience.

* A shift in regulatory focus to restricting access to adult content, by imposing new obligations on content providers to take reasonable steps to restrict access to adult content and to promote cyber-safety.

* Co-regulation and industry classification, with more industry classification of content and industry development of classification codes, but subject to regulatory oversight.

* Classification Board benchmarking and community standards, with a clear role for the Classification Board in making independent classification decisions that reflect community standards.

* An Australian government scheme that replaces the current co-operative scheme with enforcement under Commonwealth law.

* A single regulator with primary responsibility for regulating the new scheme.

"Classification criteria should also be reviewed periodically, to ensure they reflect community standards," Professor Flew said.

"One category that may no longer align with community standards is 'Refused Classification' or 'RC'. The scope of this category should be narrowed, and the ALRC suggests changes for government to consider."

ALRC president Professor Rosalind Croucher said the commission also believed content providers should take "reasonable steps" to restrict access to adult content.